1934

Appendix DGrounds for Judicial Deportation

A judicial order of deportation can be requested only if the
offense
for which the alien will be sentenced renders such alien deportable on one
or
more of the following grounds:

Crime of Moral Turpitude, 8 U.S.C. § 1251(a)(2)(A)(i)

The alien must be convicted of a crime involving moral turpitude
committed
within five years after the date of entry, and sentenced to confinement or
confined therefor for one year or longer. Although the conviction must
occur
within five years of entry, any entry into the United States may be used to
support the charge of deportability.

The term "involving moral turpitude" is difficult to define with
precision.
However, a challenge to this designation as being unconstitutionally vague
has
been rejected.

Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957), cert. denied 355 U.S.
892
(1958). Administrative case law has characterized moral turpitude as "a
nebulous
concept, which refers generally to conduct that shocks the public
conscience."
Obviously, offenses such as murder, voluntary manslaughter, kidnaping,
robbery,
and aggravated assaults involve moral turpitude. However, assaults not
involving
dangerous weapons or evil intent have been held not to involve moral
turpitude.
Conspiracy, attempt, or being an accessory involves moral turpitude if the
underlying offense involves moral turpitude. There is administrative and
judicial case law holding that any crime having as an element the intent to
defraud is a crime involving moral turpitude. SeeGordon and
Mailman,
Immigration Law and Procedure, § 75.05[1][d].

A sentence of confinement of one year or more is sufficient even if the
sentence is entirely suspended. However, a single crime of moral turpitude
in
which a sentence of less than one year is imposed would not be a ground for
deportation under section 1252(a)(2)(A)(i), but the same offense might
provide
a basis for deportability as an aggravated felony.

Multiple Criminal Convictions, 8 U.S.C. § 1251(a)(2)(A)(ii)

A conviction for two or more crimes involving moral turpitude at any
time
after entry would render an alien deportable, so long as the offenses did
not
arise out of a single scheme, and regardless of whether the alien was
confined
therefor. Conceivably, two misdemeanor convictions, not arising out of a
single
scheme, for crimes involving moral turpitude would make an alien deportable
under
this provision.

Aggravated Felony 8 U.S.C. § 1251(a)(2)(A)(iii)

An alien convicted of an "aggravated felony," as defined in 8 U.S.C.
§
1101(a)(43), is deportable. The Immigration and Nationality Technical
Corrections Act of 1994 expanded the number of aggravated felony offenses.
(Some,
but not all aggravated felonies, would also be crimes involving moral
turpitude.)
Aggravated felonies now include:

crimes of theft or burglary for which the term of imprisonment imposed
is at
least 5 years;

offenses described in various sections of Title 18 relating to the
demand or
receipt of ransom;

an offense described in 18 U.S.C. § 1962 relating to investing
income
derived from racketeer-influenced organizations;

offenses relating to owning, controlling, managing, or supervising a
prostitution business or an offense described in various sections of Title
18
relating to slavery, peonage, and involuntary servitude;

offenses relating to gathering or transmitting national defense
information,
disclosing of classified information, treason, or intentionally disclosing
the
identity of undercover intelligence agents;

offenses involving fraud in which the loss to the victim exceeds
$200,000,
or tax evasion in which the revenue loss to the government exceeds $200,000;

an offense relating to alien smuggling for commercial advantage;

an offense under 18 U.S.C. § 1546(a) which constitutes trafficking
in
fraudulent documents for which the term of imprisonment imposed is at least
5
years;

an offense relating to failure to appear by a defendant for service of
sentence if the underlying offense is punishable by imprisonment for a term
of
15 years or more; and

any attempt or conspiracy to commit one of the above offenses.

NOTE: The various other grounds for deportation set forth in 8 U.S.C.
§ 1251 do not provide a basis for a request for a judicial order of
deportation.